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Strengthening the humanity and dignity of people in crisis through knowledge and practiceForced Marriagewithin theLord’s Resistance Army, UgandaKhristopher Carlson, LL.M., & Dyan Mazurana, Ph.D.May 2008This project is generously supported by the International Development Research Centre,Canadian International Development Agency, Unicef–Uganda, AVSI–Uganda, and theFeinstein International Center, Tufts University.

Forced Marriage within the Lord’s Resistance Army, UgandaKhristopher Carlson & Dyan MazuranaMy own daughter came back with two children from that abuse inflicted on her bythe rebels. She was 14 when she was taken and she came back after eight years. I amsure in your country, a child goes missing (pause), let’s say a parent goes to pick achild from school and he is not there. Five minutes is enough for that parent to panic.But eight years I have been waiting, knowing very well what the rebels do, theirbrutality. (sigh) Every day we were wondering, “Has the child died today? Has shebeen injured? Is she bleeding to death? Has she been abandoned in the bush alone?Has she been killed and her body is rotting somewhere? Has the bomb been droppedon her?” (painful sigh)1–A mother whose 14 year-old daughter was abducted and forcibly marriedto an LRA commander. From The Other Side of the Country. Dir. CatherineHébert. 2007. DVD. Mango Films.For the past eight years I have been in the bush. I was totally cut off from the world.It’s like being put in a tomb, you are still breathing, but you are in there. (longpause) In the bush it was always horrible.I didn’t understand at first what they were talking about (hesitantly), you know,someone very old, in his late 50s. (sigh) You cannot imagine, you know (long pause),I thought maybe he was out of his head, not joking, because I have never seen anyof them joking. But after that, they just (hesitates), they just have to tie you up andsomebody rapes you, just like that (sadly and very faint).I was always, always afraid they might ask me to kill somebody, I was always, alwaysafraid to do that. (long pause) One day some girl tried to escape, and they asked us,all 30 of us girls to come. We went there not knowing what was going to happen(pause) they gave us all big sticks and they ordered us to beat her to death (very sadand with a gasp). We could not imagine doing this and (heavy sigh) we refused, werefused (trails off).We refused, but, we were beaten so badly, to the extent that we allhad to beat her to death (very faintly and sad) and so we did (trails off).There was no day when you would get up and smile to see the sun rise, becauseeveryday you would think, maybe today, maybe today will be the end of me.–Young woman abducted at 14 years of age and given as a forced wife to anLRA commander. She is the daughter of the woman quoted above.2

Table of ContentsExecutive Summary4Introduction and Study Overview8Study Methods and SitesOverview of UgandaThe Acholi and Langi People of Northern UgandaArmed Conflict in Northern Uganda14Forced Marriage Within the LRARecognizing the Crime of Forced MarriageForced Marriage within the LRALeaving the LRAInvolvement with Captor Husbands Outside of CaptivityCommunity Responses to Forced MarriageForced Marriage in International, National, and Customary Law in Uganda 34Developments in International Law Regarding Sexual and Gender-based ViolenceDevelopment of International Law Regarding Forced Marriage During Armed ConflictIndictments by the International Criminal CourtUgandan National Law and Forced Marriages within the LRAAcholi and Langi Customary MarriageAcholi and Langi Customary MechanismsCleansing Ceremonies for Forcibly Married Females64ConclusionForced Marriage as a Crime Against HumanityAddressing Sexual and Gender Crimes in Truth Telling and Prosecutorial BodiesAddressing Sexual and Gender Crimes within Communities70About the AuthorsCover photograph, “Former forced wife with child, northern Uganda” by Khristopher Carlson.Fair use of Feinstein International Center publications includes their use for non-commercialeducational purposes, such as teaching, scholarship, research, criticism, commentary, and newsreporting. Unless otherwise noted, those who wish to reproduce text from this publication forsuch uses may do so without the Feinstein International Center’s express permission. However,all commercial use of this material and/or reproduction that alters its meaning or intent, withoutthe express permission of the Feinstein International Center, is prohibited.3

Forced Marriagewithin theLord’s Resistance Army, UgandaKhristopher Carlson, LL.M., and Dyan Mazurana, Ph.D.I. EXECUTIVE SUMMARYThe Lord’s Resistance Army (LRA)—a rebel movement fighting thegovernment of Uganda—is estimated to have kidnapped over 60,000Ugandan children and youth. Those abducted include one in three maleadolescents and one in six female adolescents in northern Ugandan. Whilein captivity thousands of abducted young women and girls—most of whomare from the Acholi, Lango, and Iteso peoples—fought, cooked, carried supplies, fetched water, and cleaned for LRA fighters and commanders, including those who organized and carried out their abductions. Many of thoseabducted also served as forced wives to male members of the group. Half ofthose forced into marriage bore children. A minority of abducted femaleswas forced to fight and some used violence against their own communities.This report is based on in-depth investigation, primarily drawing on thetestimony of 103 women and girls who were abducted and forced intomarriage with LRA combatants. The authors also interviewed parents andfamily members of abducted females; ex-LRA combatants; religious, clan,and community leaders; local government officials; Acholi and Langi clanleaders and people responsible for customary law; lawyers, and local, national, and international NGOs working in northern Uganda.Our evidence reveals that the crimes committed against these femaleswere not haphazard, but were methodically organized by the senior leadership of the LRA.The presence of forced wives in the LRA served to bolsterfighter morale and support the systems which perpetuate cycles of raiding,looting, killing, and abduction. The LRA leadership exercised rigid control over the sexuality of abducted women and girls through intimidation,discrimination, and violence. The LRA leader, Joseph Kony, is thought tohave forcibly married more than 40 females and to have fathered dozens ofchildren through rape and forced marriage. At any one time his commanders had on average five forced wives, while lower level fighters had one orto two. Kony imposed strict rules governing how abductees may interactwith each other and behave within the force. Rules have been enforcedwith beatings and killings and some abducted females have been forced to4

Forced MarriageCarlson & Mazuranabeat or kill other abducted females.When abducted females died or escapedthe senior leadership sent orders to field commanders to seize replacements,often specifying the number required and the age, physical appearance, andintelligence of girls to be seized. Better-educated girls were highly soughtafter. If ‘wives’ of top commanders were suspected of showing interest in,or sought help from, other male fighters they would be killed. If LRA ‘husbands’ showed reluctance to have sex with their forced wives they would bepunished by their commanders.Some formerly abducted females are experiencing family or communityrejection and/or are being intimidated by demobilized ex-LRA combatants seeking to reclaim their ‘wives’ and or children born from the relationships. Many returned women have found it difficult to access arable land.Those with children are particularly vulnerable and some have been forcedby economic necessity to enter into relationships with men—sometimesmore than one—most of whom provide little assistance. Some non-Acholiwomen have been allowed home only on condition that they abandonchildren born from forced marriages with their LRA captors. Others inneed of protection and support have entered into sexual relationships withUgandan army troops or with male relatives. Our study found no evidenceto support claims often made by Acholi leaders that Acholi girls wish tocontinue the marriages forced on them during their captivity. Many exabductees told us they live in constant fear of random violence from menand that the Ugandan authorities do nothing to protect them or their fewassets.As momentum builds to end this tragic episode in the history of Ugandait is vitally important to document and analyze the pattern of commandresponsibility within the LRA for these crimes, their long-term physicaland psychological effects and how the experiences of abducted women areaffecting their reception by families and communities as the women returnhome and hope to realize their rights as Ugandan citizens.These forced marriages are not recognized or binding as formal marriages by any international or Ugandan legal standard or within northernUgandan customary law. However, the dilemmas posed by the return ofthe abducted women from LRA captivity have given rise to a varied set ofresponses from key stakeholders—the government of Uganda, NGOs, religious and clan leaders, parents and other relatives, the International Criminal Court (ICC), and other members of the international legal community.Further confusion has arisen when the ex-LRA combatant responsible forthe abduction and/or acceptance of a ‘wife’ lives in close proximity to theformer abductee. Increasingly, the national and international community istold by the LRA’s top leadership, the President of Uganda, and a group of5

Forced MarriageCarlson & Mazuranareligious and traditional leaders that the traditional and customary practicesof the Acholi and Langi are able to deal with the kinds of harms committedduring the conflict.It is important to question whether this is really the case.Are these strongly patriarchal systems really equipped to deal with the kinds of sexual andgender-based crimes that characterize the practice of forced marriage? Dothey provide space for women to independently assert their rights? Do theycontain accountability and compensatory measures for the nature of themultiple crimes committed during forced marriages? Are they sufficientlyrobust after a conflict which has terrorized Acholi and Langi communitiesacross northern Uganda? Should indictments by the International CriminalCourt be acted upon and, if so, should they include specific charges relatingto forced marriage and how should they be framed? As international lawyers struggle to come to terms with the phenomenon of forced marriagewithin armed conflict what are the implications for the emerging corpus ofinternational law regarding sexual and gender-based crimes?Conventions protecting women and girls from sexually violent crimesduring armed conflict have consistently failed to recognize or address thekinds of crimes being committed in contexts like northern Uganda. It isonly in the past decade that special tribunals for the former Yugoslavia andRwanda have achieved precedent-setting convictions of those responsiblefor sexual and gender-based crimes as instruments of warfare. Prosecutorsto the Special Court for Sierra Leone are attempting to make further advances and have filed indictments that for the first time recognize forcedmarriage as a crime against humanity.The ICC has brought charges against five LRA commanders. Unfortunately, and by contrast with Sierra Leone, they lack the potential forprogressive jurisprudential development in this important area of international crimes. Of the gender and sexual-based crimes perpetrated duringthe northern Uganda only three crimes have been charged: two crimesagainst humanity—sexual enslavement and rape—and one war crime—inducing rape. Three of the five indicted commanders are not charged withany gender or sexual-based crimes. With one indictee, Vincent Otti, nowdead, Kony is the only LRA commander charged with a sexual or genderbased crime. Simply put, the ICC’s indictments fail to recognize the breadthof the crimes committed by the LRA and unless new indictments are issued, the ICC will fail to perform its role of holding criminals responsiblefor serious crimes.Under the auspices of the government of South Sudan the Ugandangovernment and the LRA signed an agreement in July 2007 and again inFebruary 2008 that entrusts great responsibilities to traditional systems ofreconciliation. However, our research has found no evidence that thesemechanisms can be expected to address the violent and widespread crimes6

Forced MarriageCarlson & Mazuranacarried out during the northern Ugandan conflict—for they have neverhad to evolve to contend with such protracted and widespread brutality.In any case, during the course of the war, clans and, more generally, ethnic groups’ leadership, have lost their authority and ability to consistentlyenforce various customary norms. Avenues of dialogue between clans havebroken down and the proliferation of weaponry has greatly disrupted traditional methods of negotiating, paying, and collecting compensation. Furthermore, most formerly abducted females told us they were extremelydissatisfied after being asked to take part in traditional ceremonies meantto ‘cleanse’ girls of their guilt and experiences of rape, forced impregnation,and child-bearing in captivity.Vocal women leaders condemn these ritualsas arcane and unable to address the crimes perpetrated by the LRA againstwomen and girls.Unless attitudes and current customary practices are modified to appropriately and effectively address forced marriages, the rights and welfareof the forced wives and their children will be further made vulnerable toabuse. It is abundantly clear that national and international systems mustwork alongside, and in some cases take precedence over, any traditionalmechanisms.Uganda’s Amnesty Act—a measure introduced by the Ugandan Government in 2000 to provide immunity from prosecution for those agreeing toabandon armed struggle against the state—should not be allowed to standin the way of individual forced wives seeking redress from individual LRAfighters and ex-fighters for violations of their rights and for maintenance ofthemselves and their children.We strongly argue that it is insufficient in Uganda, and in any other conflict context, to simply prosecute on the basis of the single constituent actswithin forced marriage—rape, sexual slavery, enforced pregnancy, forcedlabour, enslavement, and/or torture. It is time that forced marriage—byway of abduction into a fighting force—became a codified crime in international law. For at the moment there is a tendency to characterize womenand girls who have suffered these wrongs solely as sexual slaves. Such a designation ignores a central element of the injustice they have suffered—theforced imposition of the status of marriage—and its chronic ongoing consequences long after conflicts have been formally ended. The dimensionsof forced marriages should no longer be confused with those of the moresingular crimes of sexual slavery or rape. The lived experiences and longerterm consequences of forced marriages demand different responses withregard to disarmament, reintegration, community acceptance, accountability, justice and reparation.7

II. Introduction and Study OverviewThis paper focuses on the experiences of those women and girls forciblymarried within the LRA and their attempts to reintegrate in civilian lifeafter captivity. It documents and describes how females were often beaten,raped, impregnated, and forced to assume the role of ‘wife’ to the fightersor commanders to whom they were given. As this paper documents, theresponsibility for the crimes committed against these females clearly lieswith the top LRA leadership which played the central role in orchestrating the systematic and widespread abduction of females for the purpose offorced marriages.As evidence within this paper demonstrates, none of these forced marriages are recognized or binding as formal marriages by any legal standard inUganda or within northern Ugandan customary law. To the contrary, bothUgandan and international law criminalize elements that comprise forcedmarriage. Forced marriages, for example, include international crimes ofrape, sexual slavery, enforced pregnancy, enslavement and torture, and innearly all cases, forced labor.1 More recently, it has been argued by prosecutors within the Special Court for Sierra Leone (SCSL) that the coercivenature and imposition of the status of marriage serves as the means fromwhich these individual crimes can be perpetrated, making the act of forcedmarriage more than the sum of its parts.2 The effects forced marriages haveon a female, both physically and psychologically, as well as how she is treated by her family and community upon return, influence her choices andability to fully realize her rights as a citizen.Following this introduction, Section II begins with the study overview. Inorder to contextualize the discussion of forced marriage with the LRA, weprovide a brief introduction and overview of the Acholi and Langi3 people,the ethnic groups most heavily affected by the 21-year war in northernUganda and which are the subject of this report.We then offer a brief overview of the conflict itself and its effects on the civilian population.In Section III we detail the practice of forced marriage within the LRA,including the crimes and the harms faced by young women and girls. Wedocument and discuss a clear pattern of command responsibility within theLRA for this crime. We discuss some of the main challenges that the women and girls and their children face upon leaving the LRA and returning to1See the Rome Statute on the International Criminal Court (1998).2 Correspondence with Melissa Pack, Office of The Prosecutor, Special Court for SierraLeone, November 24, 2004.3 To avoid misunderstanding, it should be noted the Lango (plural Langi) people mostlylive in the Lango sub-region in the north-central area of Uganda.8

Forced MarriageCarlson & Mazuranacivilian life.Then, we detail and discuss the different attitudes and responsesamong NGO, government, religious and clan leaders regarding the practiceand realities of forced marriage both during and after LRA captivity.In Section IV, we investigate developments in international law regardingsexual and gender-based crimes, with a focus on the crime of forced marriage. We use these developments to reflect upon the indictment of the topfive commanders of the LRA. We then turn our attention to the Ugandastatutory and treaty legal systems, to inquire as to whether those systems areable to sufficiently address the kinds of crimes committed against womenand girls subjected to forced marriage. Increasingly, the national and international community are told by the LRA’s top leadership, the Presidentof Uganda, and a group of Acholi religious and traditional leaders that theAcholi and Langi traditional and customary systems and practices will beable to deal with the kinds of harms committed during the conflict. Weassess the case now being made that the LRA should not be accountableto international court processes and that indictments by the InternationalCriminal Court (ICC) should not be acted upon. We then turn attentionto the Acholi and Langi traditional and customary systems and practices tohighlight the ways in which those systems deal with the kinds of sexual andgender-based crimes that we have shown to characterize the practice offorced marriage. In particular, we explore how these systems actually function and document the extent to which they contain accountability andcompensatory measures for the kinds of crimes that have been committedduring forced marriages. Because both Acholi and Langi ethnic groups arestrongly patriarchal, we also investigate the ways in which women and girl’srights are or are not upheld in these systems.In Section V, we offer recommendations and concluding thoughts oncharging forced marriage as a crime against humanity, both by the Office ofthe Prosecutor of the ICC, as well as within the proposed special unit of theHigh Court of Uganda that will be convened to prosecute those personswho bear the greatest responsibility for serious violations of internationallaw (in specific crimes against humanity and grave breaches of the GenevaConventions). We also discuss how sexual crimes and the crime of forcedmarriage might best be handled within traditional justice mechanisms atthe community level.study methods and sitesBetween 2001 and 2007, the authors conducted in-depth interviews with103 formerly abducted women and girls forced into marriage within theLRA. The authors also conducted in-depth interviews with informants including parents and family members of these women and girls; formerlyabducted boys and men from the LRA; former commanders and intel-9

Forced MarriageCarlson & Mazuranaligence officers within the LRA; religious, clan, and community leaders;local government officials; clan leaders from the Acholi and Langi ethnicgroups; persons responsible for the maintenance of customary law withinthe Acholi and Langi clans and ethnic groups; local, national, and international NGOs working in northern Uganda; and Ugandan lawyers. Interviews were conducted in a variety of settings, including in villages, internally displaced camps and towns in all of the five most war-affected districtsin northern Uganda: Apac, Gulu, Kitgum, Lira, and Pader.4We also drew from a small but growing body of literature on women andgirls associated with fighting forces, with a particular interest on researchinto practices tantamount to forced marriage.5All interviews were then transcribed and all data was managed by theauthors.Triangulation was used throughout the study to check data validityand consistency. Data analysis was conducted primarily using text analysisthrough deductive coding.overview of ugandaUganda is located in eastern Africa and is bordered by the DemocraticRepublic of Congo, Kenya, Rwanda, Sudan, and Tanzania. There are approximately 25.6 million people from over 50 tribal and ethnic groups inUganda. English is the official language. Fifty-one percent of the population is 14 years or younger. Life expectancy is 45.7 years.64 A total of 210 people were interviewed for this paper between June 2001 and April 2007.They included 103 formerly abducted females and women who had served as forced wiveswithin the LRA, seven formerly abducted boys and men, four former LRA commanders orofficers, 15 parents or relatives of girls or women subjected to forced marriage by the LRA,18 local government officials, 28 religious, clan, and community leaders, 23 NGO staff, sevenlawyers working with former abductees, three officials with the Ugandan Human RightsCommission, three officials with the Uganda Amnesty Commission, and seven residents ofcamps for internally displaced persons.5 See Coalition to Stop the Use of Child Soldiers (2000) [Coalition]. Girls with Guns: AnAgenda on Child Soldiers for Beijing Plus Five. London; Hobson, M. (2005) Forgotten Casualties of War: Girls in Armed Conflict. Save the Children UK: London; Human Rights Watch[HRW] (March 2003). Stolen Children: Abduction and Recruitment in Northern Uganda. NewYork; HRW (2005) Uprooted and Forgotten: Impunity and Human Rights Abuses in NorthernUganda. New York; ISIS-WICCE (1998) Women’s Experiences of Armed Conflict in Uganda,Gulu District 1986-1999, Part I. ISIS-WICCE: Kampala, Uganda; McKay, S. and D. Mazurana, (2004) Where are the Girls? Girls in Fighting Forces in Northern Uganda, Sierra Leone andMozambique:Their Lives During and After War. Rights and Democracy: Montreal; Save the Children Denmark (2003, November) A Study on the Views, Perspectives and Experiences of “SocialIntegration” Among Formerly Abducted Girls in Gulu, Northern Uganda. Gulu, Uganda.6 UNDP: Uganda Human Development Report 2005. ica/uganda/uganda 2005 en.pdf10

Forced MarriageCarlson & MazuranaUganda has substantial natural resources, including fertile soils, regularrainfall, and sizable deposits of copper and cobalt. Agriculture is the mostimportant sector of the economy and employs over 80% of the workforce.Coffee accounts for the bulk of export revenues. Over 35% of the nationalpopulation lived below the poverty level in 2003 as compared to 41.7% ofthe northern population.7 Other indicators of well-being are also considerably worse in northern Uganda.the acholi and langi people of northern ugandaNinety percent of the population of northern Uganda belongs to the Acholiethnic group, which is closely related to, and shares the same language with,the Luo tribal group that live along the border of Lake Victoria near western Kenya. The Acholi live predominantly in the northern districts of Kitgum, Pader, and Gulu. The Langi are their neighbors to the south and livepredominately in the heavily war-affected Lira and Apac districts.Both the Acholi and the Langi are relatively non-hierarchal and organized largely along patrilineal clan lines. Historically, the Acholi and theLangi people did not have a central political authority, nor unifying economic structures or religious practices. They did, however, each have theirown supreme leader who was elected by the leaders of the various clansand who served as a rallying point during periods of crises and for defensivepurposes.Marriage played a central role in unifying clans, with a high value placedon bride price. Traditionally, education of women and girls was not considered a priority. Girls stayed at home to learn their future roles as wives. Landwas communally owned on a clan and family basis with individual plots allocated to individual clan and family members. Women and girls were primarily responsible for the cultivation of crops and gathering of foodstuffs.The primary source of wealth was livestock, especially cattle, which werecared for by boys and men and controlled by men.armed conflict in northern ugandaThe conflict in northern Uganda began shortly after the current president, Yoweri Museveni, took power through a military coup in 1986. Thetake-over by Museveni’s forces, the National Resistance Army (NRA),came after years of political, military and social turmoil dating back tothe regime of Idi Amin in the 1970s. The NRA took power after battlingthe national army, then known as the Ugandan National Liberation Army(UNLA). Northerners comprised a disproportionate part of the UNLAofficer corps. Fearing retribution from the victorious NRA, many soldiers7Ibid.11

Forced MarriageCarlson & Mazuranafled to the north. Some demobilized, while others crossed the border intoSudan. The NRA pursued them, some NRA soldiers committing grosshuman rights abuses—including pillage, rape, torture, theft of cattle, anddestruction of infrastructure. These events sowed the seeds of rebellion inthe north and the late 1980s saw the emergence of a series of resistancemovements with varying degrees of popular support. The most durable ofthe line of resistance leaders was Joseph Kony and the forces he gatheredabout him became known—after several earlier iterations—as the Lord’sResistance Army or LRA.Kony based the LRA in southern Sudan in the early 1990s and receivedovert support from the Sudanese government for much of the decade aspart of Khartoum’s efforts to destabilize their main regional enemy, theSudan People’s Liberation Army (SPLA). In turn, the Ugandan government supported the SPLA, creating a proxy war between the two countries.Overt support to the LRA from the Sudanese government dwindled in thelate 1990s due to increased international pressure and an agreement between Khartoum and Kampala, but covert support to Kony from elementswithin the Sudanese military allegedly continues. By 2006 the LRA hadestablished camps in the north-eastern region of the Democratic Republicof Congo and in 2008 established camps in south-eastern region of theCentral African Republic.Unlike earlier popular northern resistance movements, such as AliceLakwena’s Holy Spirit Movement (HSM), the LRA quickly lost popularsupport among the local population due primarily to the terror it inflictedagainst civilians. Attacks upon the populations of Acholiland (Gulu, Kitgumand Pader Districts) increased and intensified in the 1990s and quicklyspread to the Lango and Teso sub-regions. The Ugandan national army, renamed the United People’s Defense Force (UPDF) began to forcibly movecivilians into camps and ‘protected villages’ allegedly to cut the rebels’ foodsupply. Corralling the population was also meant to decrease the abductionand forced recruitment of children and youth into the LRA. However, theextent to which the government of Uganda (GoU) has been able to offerprotection to civilians in the displacement camps has been inconsistent.Many of the most serious massacres and waves of abduction occurred afterpeople were forced into the ‘protected villages’, which are in reality campsfor internally displaced persons (IDPs). In 2003, the GoU encouraged thecreation of local defense units (LDUs) to provide protection to the population.These militias are under the control of the UPDF but are often poorlytrained and facilitated and lack regular salaries and other support.The World Food Program (WFP) has been providing food rations to theinternally displaced population since the mid-1990s and operates under12

Forced MarriageCarlson & Mazuranaheavy security provided by the UPDF. 8 The number of national and international NGOs and UN organizations has increased in the north in thelast four to five years as the humanitarian situation has worsened and worldattention to the conflict has increased. Insecurity and limited humanitarianaccess often hinder effective programming and monitoring, and many organiza

Lord’s Resistance Army, Uganda Khristopher Carlson, LL.M., and Dyan Mazurana, Ph.D. I. EXECUTIVE SUMMARY T he Lord’s Resistance Army (LRA)—a rebel movement fi ghting the government of Uganda—is estimated to have kidnapped over 60,000 Ugandan chi

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